BU231 Chapter Notes - Chapter 4: Malicious Prosecution, Public Nuisance, Vicarious Liability
Document Summary
Purpose of tort law: to compensate victims for harm caused by the activities of others. A tort identifies a set of circumstances that creates a right to claim compensation. Initially, anyone who caused direct injury to another had to pay compensation; no inquiry made into the reasons for injury or whether it was intentional: called strict liability liability that is imposed based upon causation regardless of fault. Today"s tort law involves two principles: the fault of the defendant (whether the behaviour was improper, the causation of harm (whether the plaintiff"s injury was the result of the defendant"s conduct. Fault: blameworthy or culpable conduct unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others. Deterrent effect people are more inclined to be careful if they must pay for consequences of their carelessness. Remains only in a few areas of modern tort law.
